![[OPINION] ABS-CBN and its struggle to obtain its franchise](https://i.headtopics.com/images/2019/12/14/rapplerdotcom/opinion-abs-cbn-and-its-struggle-to-obtain-its-franchise-1205648416073830400.webp)
While the law remains unchanged, what now will become of the country’s biggest television network? DefendPressFreedom
In 1974, President Ferdinand Marcos issued PD No. 576-A, “Regulating the Ownership and Operation of Radio and Television Stations and for other Purposes.” This presidential decree mandated that no radio station or television channel may obtain a franchise unless it has sufficient capital for its operation. The law further provided that “all franchises or other forms of authority to operate radio or television broadcasting systems shall terminate on December 31, 1981.
Unfortunately, ACWS-UBN was not able to obtain the required congressional franchise. After some squabbles at the administrative level, NTC recalled the frequency band assigned to ACWS-UBN for its failure to obtain the “much needed” franchise. ACWS-UBN fought it out all the way to the Supreme Court. One of the arguments raised by ACWS-UBN is that a legislative franchise is not anymore needed considering that an NTC permit will suffice.
But why should the existence of a television network – a juridical person incorporated under a general law – depend on the grant of congressional imprimatur, when all the franchise states, after all, is for the grantee to comply with the conditions imposed by the concerned governmental agency, in this case, the NTC?
"Since then, this has been strictly followed. And this holds true with respect to application for electric, telephone, and many other telecommunications services. Before, even mere application for authority to operate an ice plant must have prior congressional franchise. But this was not strictly followed until ice plant operations were eventually deregulated.
One way to do it is to attack the validity or constitutionality of the very law. Let PD 576-A be revisited by the court, and have it declared invalid or unconstitutional on the ground of violation of due process of the law and violation of the equal protection of the laws.
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